HomeMy WebLinkAboutpitkin.planning.264511401002 (2016)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF TILE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&L
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2645-11-4-01-002 Application Date: 10/21/16 Case No: P082-16
Description: Craig & Lee Williams Family Partnership LTD Minor Amendment to a Planner: Mike Kraemer
Development Permit # Copies: 1
Allocated Hours: 3
Project Address: 4305 SNOWMASS CREEK RD, SNOWMASS, CO 81654 % Over Hours: 3.6
Property Owner: CRAIG & LEE WILLIAMS
FAM I LY
Owner's REP: CONNOR COLEMAN
REP's Email: Connor @resiliencylands.com
Address: 5577 CEDAR CRK Owner Phone:
HOUSTON, TX 77056
Address: 1654 CNTY RD 121 REP's Phone: (970) 945-5239
CARBONDALE, CO 81623
Referrals: ALL OTHER REFERRALS Other Referrals: Snowmass Capitol Caucus n/a
CDOW
Comments Due Date: 12/16/2016
Meetings:
Meeting Date:
Review Body:
Public Hearing?
Notice Date:
Meeting Notes:
7st Meeting:
admin
no
Approvals:
BOCC Resolution #:
BOCC Ordinance #:
Admin Determination* 010-2017#636927
Other Information:
VR Approval Date:
VR Expires Date:
Remarks: no vesting
2nd Meeting:
Plat Recorded Date:
Plat (Bk, PG):
P&Z Determination #:
HO Determination #:
Application Type: Major amendment to a Develpment Permit
3rd Meeting:
DECISIONS
ADMINISTRATIVE DECISION OF THE PITKIN COUNTY. COLORADO COMNIUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR CRAIG & LEE WILLIAMS
FAMILY PARTNERSHIP LTD MINOR AMF.NDMF.NT TO A DEVELOPMENT PERMIT
Administrative Decision Nu.1-2017
RECITALS
Craig and Lee Williams Family Partnership LID (hereafter referred to as "Applicant") has
applied to the Pitkin County Community Development Director ("Director-) for a Minor
Amendment to a Development Pennit to amend if previously approved Activity Envelope and Site
Plan for construction of an outdoor (unenclosed) rifling arena and approval for non -wildlife fiiendly
tenting that was already constructed on the Lot. Hie Lot is mapped within Elk winter range and Ute
existing Dentine does not meet the height and spacing raptirements to be considered wildlife
friendly. I'hc request includes if fencing nuumgemeni plan that incorporates removal of top and
bottom rails of the existing tencin_ to taciIitate big _ase motcnlatt through the property.
The Lot is located at 4305 Snowniass Creek Road and is legallc described as Lot 2 of the BOCC
appro%ed Davis. Donnell% Lot Split.
he Lot is approximately 149 acres. is in the 16-30 /.one District. and is conforming in size.
PK% Resolution No. 90--25 approved the Lot Split and I10CC R")Iution No. 91-93 grinned Final
Plat Approval. The Final Plat for the Davi,%Donnelly Lot Split Subdivision is recorded at Plat Book
27. Page 9(1. These resolutions established it 7,500 square loot limit on all development on the lot
including barns. Pursuant to Administrative Decision No. 87-2009. Resolution No. 91-93 was
amended to allow construction of a barn up to 4.750 square Beet of floor area. Most recently. file
Lot received Activity Envelope. Site Plan, and Subdivision 1:xcuiption for a Minor Plat Amendment
approval I'm construction of an agricultural barn and amendment to the previously approved
building envelope pursuant to Administrative Decision No. 22-2014 (Reception# 608972) with the
Activit' Envelope and Site Plan recorded at BK 106 PG94-95.
the Applicaiiuo w:u reterred to the Snownrt,s/Capital ('aucu, and Colorado Parks and Wildlilc
RTW). The Snowniass/Capitol Caucus did not provide comments. The Aspen Valle% I and
Trust (A%Tr) holds a conservation casement an the property. AVI.r has provided it leder
stating that they have no ohjeetion to the application.
6. The C 11W has provided comments on the rcquc.t. The application includes a fencing
management plat that proposes specific locatiom and dates fur rcmo%al of bosom and top rails
Of the fence. CPW has no objection to file fencing plan as proposed and sul¢ests that the fencing
drop-down be implemented during wildlile migration times as defined in 7-20-70(8)(2) of the
Pitkin County I -and Use Code.
Idurimcaruire Mcixion .i'o. Io 21,17 Page I o1*3
The Director finds that pursuant to Land Use Code Section 2-20-180(b), the amendment to the
previously approved Activity Envelope and Site Plan for construction of an outdoor (unenclosed)
riding arena is consistent with this section of the Land Use Code and the amendment request can be
approved.
8. The Director further finds that pursuant to Land Use Code Section 2-20-180(b), the proposed
fencing management plan is acceptable and will not violate any other standard in this code section.
CPW is has provided comments on the application and has no objection to the request.
APPROVED by the Director, subject to the following conditions:
1. The Applicant shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings, and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. Within 45 days of this approval, the Applicant shall be required to submit for approval by the
County Attorney and Community Development an Activity Envelope and Site Plan in accordance
with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12 amending the Site
Plan to illustrate the approved outdoor (unenclosed) riding arena. The above referenced approvals
shall be a condition precedent to finalization and recordation.
3. Condition #7C and #7D of Administrative Decision No. 22-2014 (Rec. No. 608932) shall be
rescinded and replaced with Attachment A. All other conditions of Administrative Decision No.
22-2014 shall remain in full force and affect.
4. Fencing shall be removed in accordance with Attachment A between the dates of October 151
through November 301 and April 151 through May 301, as defined in Section 7-20-70(8)(2) of the
Pitkin County Land Use Code, and going forward every year after the date of this approval.
These dates may be modified commensurate with any adopted changes to the Land Use Code.
5. Representatives of the County shall be entitled to enter upon the Property, at reasonable times and
upon at least 48 hours' advance notice to the Owners of the Property, or the Owner's
representative, in order to inspect the fencing for the sole purpose of determining compliance with
the terms and conditions of this approval.
6. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with
this property.
Administrative Decision No. 10 2017 Page 2 of 3
APPROVED AND ADOPTED thislb�day of/hti" , 2017.
APPROVED AS TO CONTENT:
&�/- 0�,�
C' Houben,
Community Development Director
Parcel ID#: 264511401002
Case #P082-16
Administrative Decision No. /" 2017 Page 3 of 3
PID# 264511401002
ATTACHMENT
ELK RUN RANCH
PASTURE FENCING PLAN
August 2016
Elk Run Ranch has established an enclosed horse pasture roughly 5.25 acres in size. The pasture is defined by a
three -rail "post and rail" type fence for the purpose of containing horses that are expected to reside on the ranch
beginning fall 2016. The fence is constructed of cedar posts and 4 -inch lodgepole pine rails. The rails are spaced
approximately 16 -inches apart with the bottom of the bottom rail being 14 -inches from the ground, the center of
the middle rail being 32 -inches from the ground, and the top of the top rail being 48 -inches from the ground.
To allow for the movement of wildlife, Pitkin County standards state that "Wood rail fencing shall employ three
(3) rails or less, be the round or split rail type, shall not exceed fifty four (54) inches in height above ground
level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower
two (2) rails."
To mitigate for the discrepancy between the pasture fence at Elk Run Ranch and the Pitkin County standards
applications have been implemented based on the guidance of the "Fencing with Wildlife in Nlmd" publication
produced by the Colorado Parks and Wildlife'. Pages 20 and 21 of this publication illustrate and endorse the use
of "dropped rail" sections to allow for the movement and migration of wildlife across fenced areas that are
encompassed by post and rail fence that do not meet the agency's suggested dimensions.
The fenced pasture at Elk Run Ranch is an irregular polygon approximately 600 -feet across at its widest point,
and 600 -feet across at its longest point. The attached map depicts the approximate layout of the pasture area and
riding arena. The green asterisks on the map delineate the location of the dropped rail sections. At these points a
section of the fence will have removable top rail and an adjacent section will have a removable bottom rail.
During times of spring and fall seasonal migration the dropped rails will be employed which will yield three
sections with a maximum fence height of 34 -inches, and three sections yielding an opening from the ground up to
30 -inches in height. This configuration will allow for ease of movement both over and under the pasture fence.
QesiCiencp
1W
This plan was developed by Connor P. Coleman who is the Principal of Resiliency Lands, LLC and is a qualified land
management professional. He possesses a B in Environmental Science concentrating in wildlife ecology from Catawba
College along with a Master of Forestry (accredited by the Society of American Foresters) and a Master of Environmental
Management from the Nicholas School of the Environment at Duke Universay focusing in the sustainable management and
restoration of landscape scale lands Mr. Coleman has worked for multiple land management/conservation entities over the
past decade including The Nature Conservancy, U.S. Department of Defense, multiple local land trusts including the Aspen
Valley land Trust, and is a certified wildlandfrrefrghter for and is trained in ranch management practices through Holistic
Management International. Connor a resiliencvlands. com 970-945-5239
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APPLICATION
MATERIAL
PIDN 264511401002
APPLICATION FOR MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Craig and Lee Williams Family Partnership, LTD
(a.k.a. — Lot 2 Davis/Donnelly Lot Split)
(a.k.a. — Elk Run Ranch)
Pitkin County Parcel No. 264511401002
Location: 4305 Snowmass Creek Road, Snowmass, CO
Submitted to:
Pitkin County Community Development
Attn: Michael Kraemer— Senior Planner
130 S. Galena St.
Aspen, CO 81611
Prepared by:
Resiliency Lands, LLC
c/o: Connor P. Coleman
1654 C.R. 121
Carbondale, CO 81623
000001 c0-rL01
PIN 264511401002
CONTENTS
Pitkin County Pre -Application Conference Summary
Cover Letter
Applicant / Land Owner Authorization
Proof of Ownership
Property Legal Description
Property Location Map
Letter to Colorado Parks and Wildlife
Elk Run Ranch Fencing Plan
Fencing / Arena Photographs
Colorado Park and Wildlife Letter of Support
Second Amended and First Restated Deed of Conservation Easement
Landscaping Permit Set
Amended Site Plan
000002
F'IU� 264511401002 Q
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY lrp$(0
LOCATION: Lot 2 Davis/Donnelley Lot Split, 4305 Snowmass Creek Road PID# 264511401002
ZONING: AR -10 SIZE: 149 Acres
OWNER: Craig and Lee Williams Family Partnership LTD
REPRESENTATIVE: Connor Coleman PHONE & EMAIL: connorCdresiliencylands.com 970-945-5239
DATE: August 15, 2016 PLANNER: Mike Kraemer 920-5482
Type of Application: Minor Amendment to a Development Permit.
Description of Project/Development: The Applicant is requesting approval to modify a previously approved site
plan recorded at Book 106 Page 94 for the purposes of constructing an outdoor riding arena. Work on the arena
has already commenced prior to approval.
Wildlife fencing that does not comply with Code Section 7-20-70 is also proposed and the Applicant shall indicate
the location and extent of this fencing and include any previous comments from the Colorado Parks and Wildlife
Department regarding its construction.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: CPW (Taylor Elm), Snowmassl-Caucus,
Aspen Valley Land Trust (AVLT — Suzanne Fusaro Stephens).
Review by: B%C. COY+tnVA117Y ph I/VoPM DAc- )A
Public Hearing: No.
FEES: $1,950 (Please make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $975 (non-refundable; based on 3 hours of staff time. If staff review time exceeds
3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour).
'Fee's double for violation
To apply, submit 4 copies (1) unbound copy of the following:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail
to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current
uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
2. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use
Application Manual;
3. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within
Pitkin County;
4. Consent from all owners to process application and authorizing the representative;
5. Total fee for review of the application;
6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees;
7. A copy of this Pre -application Conference Summary form.
NOTES:
PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE
APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'X17'
ALONG WITH A COMPLETE SET OF 24"X 36" MAPS.
0000 3
PIN 264511401002
'r THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
ALL MAPS SHALL BE FOLDED
The Land Use Code and the Land Use Application manual are available on-line at:
http.'//www pitkincountV. com/l96ILand-Use
➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized
copy of the affidavit confirming notice must be received from Applicant prior to approval.
This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs interpretations based
upon representations of the applicant. Additional information may be required upon a complete review of the
application.
on000i
PIN 264511401002
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and L -+-
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for H - A 9 jr ra
a. 7),,,, \4 -- � �<- '.T (hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the COUNTY'S policy that
development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
0000[1'5
L� T
("APPLICANT")
By: I�� r 7 cl(�,_
Print Name and Title (if applicable)
Date: )(-,dz /i r-
Mailing Add ess: )&!7-L1 c� i I
PIN 264511401002
!
APPLICATION FOR MINOR AMENDMENT TO A DEVELOPMENT PERMIT
Craig and Lee Williams Family Partnership, LTD,
o esifiencv
Pitkin County Community Development
Attn: Michael Kraemer — Senior Planner
—
130 S. Galena St.
Aspen, CO 81611
October 18, 2016
Michael:
On behalf of Craig and Lee Williams of the Craig and Lee Williams Family Partnership, LTD, this
application is submitted to request a minor amendment to their development permit. Specifically, we are
seeking to modify our site plan which is recorded at Book 106 / Page 94 to include a fenced outdoor
equestrian riding arena which has been constructed.
The arena in question was included in the original application submitted to Aspen Valley Land Trust
(AVLT) in October 2012. AVLT denied the application upon the discovery of a violation of the
conservation easement. Successful efforts were made to resolve the violation and on April 11, 2013 the
AVLT board of directors approved to amend the conservation easement, relocating the Lot 2 Human
Activity Envelope and Agricultural Building Envelope (pages 115, 116, 117, and 122 of original
application). The application that AVLT approved included an outdoor riding arena and adjacent pond.
The development application that was originally submitted for the Craig and Lee Williams Partnership,
LTD (Case No. P101-12, dated October 18, 2012) by Land+Shelter discussed and/or depicted the outdoor
riding arena on pages 14, 15, 93, 94, 95, 101, 103, 104, 115, 116, 117 and 125. Unfortunately, pages 130,
131, and 132 which reflected Pitkin County Book 106 / Pages 94-96 failed to depict the aforementioned
outdoor equestrian riding arena. Included in this minor amendment request is an updated site plan. Also
included is the amended and restated deed of conservation easement (Pitkin County Reception No.
628146, recorded March 28, 201.5.
Section 2-20-150: Minor Amendments to a Development Permit
As defined by article 2-20-15-e-1 we seek to change an element or condition of the development permit to
retroactively permit the development of an outdoor equestrian riding arena.
Section 7-20-70: Wildlife Habitat Areas
Articles 2-20-15-b-5 and 2-20-15-c-4 ensure the safe movement of wildlife across wildlife habitat areas
and provide fencing standards, respectively. While the existing fencing design does not meet the
standards described in 2-20-15c-4 mitigation efforts have been implemented. Fencing plans and final
construction have been reviewed and endorsed by Colorado Parks and Wildlife. Plans and endorsement
attached.
Sincerely,
Connor P. Coleman
Principal
Resiliency Lands
0D000C
PIN 264511401002
Pitkin County
Community Development
130 S. Galena St.
3b Floor
Aspen,CO 81611
Attn: Mike Kraemer
We. Craig and Lee Williams of the Craig and Lee Williams Family Partnership LTD. consent to the
submission of this application to the Pitkin County. CO Office of Community Development for a Minor
Amendment to a Development Permit for our property located at 4305 Snowmass Creek Road.
Snowmass. CO (a.k.a. Elk Run Ranch: Lot 2 Davis/Donnell) Lot Split). We also consent to Resiliency
Lands. LLC, c/o Connor P. Coleman to represent our interests on this matter.
Craig fMilliams date
CDCZ&'� Ibl(a
Lee ViAlams dal / T/,
CONTACT INFORMATION
Connor P. Coleman
Resiliency Lands, LLC
1654 C.R. 121
Carbondale, CO 81623
970.945.5239
connor@resdiencylands.com
Craig and Lee Williams
Craig and Lee Williams Family Partnership, LTD
5577 Cedar Creek
Houston, TX 77056
00000f
PID# 264511401002
RECEPTION#: 588378, 04/20/2012 at 01:05:11 PN, 1 OF 3, R 021.00
DP 0575.41 Janice K. Von Caudill, Pitkin County, Co
Documentary Fee f 575.41
WARRANTY DEED
THIS DEED, made this lcday of Aptll, 2012.
Between FOUR FORKS, LLC, A MISSOURI LIMITED LIABILITY COMPANY
of the Canty of , State of MISSOURI, GRANTOR,
AND CRAIG AND LEE MLLIMAS FAMILY PARTNERSHIP, LTD., GRANTEE
wtaeelegaladdressls: '5sm Cori l0.V'CVL.e,kn k liosb
of the County of 40Lryt S Slab of CA:AO V 0.C( O
WITNESSETH, That for and M consideration of the sum of ton doll and other good and valuable
consideration, the receipt and sufficili of which is hereby acknowledged, the grantor ham granted,
bargained, wild end conveyed, and by them prawls does grant bargain. sell and convey and corr'"
umo One grantee, Its helm and etalons forever, ail the real property together with improveni n any,
stools all lying and being In the County of PITVJN, State of COLORADO. descried as bllowe:
Lot 2, DAVISIDCNINELLEY LOT SPLIT, according to the Plat thereof recorded December 20, 1991 in Plat
Book 27 at Paw 90.
Tcgeli with access easement ae set forth in Granit of Access Easement recorded Februay, 8, 1992 in
Book 889 at Page 731.
TOGETHER with all and singular the hereddameMa all appurterar thereto belonging, or in arymw
appertaining, and the rewsbn and reversions, remainders, henna. Imum and pmena thereof, all all the
Bala e. right tile, IntereaL cle n, and demand wheleoever W the gmnor either in law or equity, of, In and to
the above bargained premises, with the herednamems and appurtenances. TO HAVE AND TO HOLD the
mid Pramaes above bargained and described, Y*h the appurtenances, unto the grantee, b hens and
assigns forever. And "Grantor. for or sell, Is helm and amigns. dots covenant grwK bargain, and
agree to and with Bre Grantee, its heirs and assigns. that at the lime of the eneeNrg and deIN" of these
Presents, it is we/ seized of the premises above conveyed, has good. sure, perfect, absolute and
Indefeasible estate of inhaiance, In law, in fee simple, and has gad right, tuft power and lawful authority
to grail bargain, and and convey Bre Name in manner and form m aforemid, and that the come are tree
and clear from aN former and odwJ grants, bargains, seise, lens, tax", essemments, encumbrances and
restriction of whatever kind or nature scever, excapt lho" matters as Set forth on Eddblt'A' attached
hecto end incorporated hi by reference. The grantor stall and via WARRANT AND FOREVER
DEFEND the above bargained pnemlms in the Quict and peaceable possession of the grant", bl helm
and asepns, against all and every person or persons lawfuty cleimng the whole or any part thereof. The
singular number shall Include the plural, the plural the angular, and the use of gentler stall be applicable
to all genders -
IN WITNESS WHEREOF ti» grantor has execvlad this deed.
Return to:
000008
SIGNATURES ON PAGE 2
PID4 264511401002 9
IMaWTION#: 588378, 0 /20/2012 at 01:05:11 VA, 2 OP 3,
Oauion A. Von Caudill Pitkin County, CO
i
I
SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
i
FOUR FO JX, I OU MITER LIABILITY COMPANY
By
TAIe: A4anaW
i
STATE OF COLORADO
COUNTY OF PTTKIN 1
Thefore0oin9 lnelnimeM was admowkdped bafora ma tlds Iq dayoTAPRIL,2012,
by CHRISTOPHER R. RETTHER, TRUSTEE OF THE CHRISTOPHER R. RETTHER REVOCABLE
TRUST DATED NgVEMBER 18,1887, MANAGER OF FOUR FORKS, LLC, A MISSOURI Ll
DABIUTY COMPANY.
WITNESS my handland oBkW ml
myc is bnexp,hm: �_I�_�OJ. No PLJR
1 a0 ai
PCT23386W4 8 , M�
000009
PIDN 264511401002
KECEPT20Ni: 588376, 04/20/2012 at 01:05:11 PN, 3 OF 3,
Sanity K. Von Caudill, Pitkin County, CO
EXHIBIT'A'
1. Tales for the year 2012, and subsequent years, not yet due w payable.
2. Right of the proprietor of a win w lode to aidri or remove his ore therefrom, should the same be found to
penetrate or Intersect the promises hereby granted as reserved an Url States Patents recorded August 28,
1802 in Book 55 at Page 504, July 27, 1939 In Book 55 at Page 326 and March 28, 1898 in Book 55 at Page 483.
3. Right way for caches w canals constructed by the auOrodly of the United States as reserved In United Stales
Patents retarded July 15, 1916 in Book 55 at Page 214, May 2, 1935 in Book 55 at Page 312 and July 29, 1925 In
Book 55 at Page 319.
4 One•haO (112) of the ON, gas and other hydrararbon minerals within subject property, together with the NN of
Egress and egress and use of the surface to prospect lex, rnine, and remove Ors same, as reserved try Indimment
recorded October 2, 1951 in Book 176 at Page 603.
5 Temrs, corcfdions, provisions, obligations, restrictions am covenants as set ford In Deed recorded February 4,
1983 in Book 479 at Page 968 and Amended Deed recorded December 20, 1981 in Book 478 at Page 553..
6. Terme, conditions, provisions and obligations as sit forth in Deed Of Consarvatm Easement recorded De:arrrber
20, 1991 In Book 664 at Page 983, Assignment of Interest in Deed of Conservation Easement recorded Juns 3,
2009 as Reception No 558644 and First Amendment for Deed W Conservation Easement In Gross recorded June
3.2009 as Reception No. 559645.
7. Tama, conditions, provisions, obllg00ons and 31 mater: asset forth In Subdivision Improvements Agreement
recorded December 20, 1991 In Book 664 at Page 998
S. Tams, conditions, Pnwlsbrs, Ob gSdwm and all marten as set forth in Resolution of the the Board of Co my
Commosioners Of Pitkin County, Colorado recorded March 16, 1990 a Book 616 at Pape 241 as Resolution No
90-25 --
9. Tame tandniwne, provisions, obligations and es nutters as set tomr in Resolution of bre the Board of Ccuny
Cmmssioner d Pekin County, COWmb recorded Ocltber 29, 1991 In Book 660 st Page 381 as Rew4sion Na
91-93" Amendmentelo th arecordedOctober 08
B, 29 as Reception 1W.�63496.
10 Tams, oondl6ors, provisions and oblgafiws r set torch m GraM of A¢ Easementrecorded February 6, 1992
in Book BOB at Page 731
11. Easement", rights of way and a8 mellem as dsdosed on Plat of Davis/Donnelley Lot Sped recorded December 20,
1991 in PWl Book 27 at Page 90.
12. Esswnent and right of way for an electric transmission or distribution line or system, as granted to Holy Cross
Doubts Association, Inc, in instrument recorded May B, 2006 as Reception No. 511079,
13 Easement and right of way for w electric lansmlasoon or distribulfon line or system, as granted Io Hoy Cross
Eledim Association, Inc., in Instrument recorded June 8, 2005 as Reception No. 511060.
14. Terms, corrdiLarrs, provisions and obligations as set ford in Tranch, Conduit and vault Agreement alfh Holy Cress
Elechic Aasouatnn, Inc., recorded June 8, 2005 as Reception No. 611078.
15. Tema, condaons, Provews and obligations as set forth n Occupancy Deed Restncbm and Agreement for a
Caretaker Dwelling Unit recorded January 23, 2008 as Reception No. 548020.
16. Eaaamenl and nghl of way for Snovn,asa Geek Road.
PID# 264511401002
Davis/Donnelly Lot Split - Lots 1 & 2
Legal Description of Property
A PARCEL OF LAND SITUATED IN SECTIONS I 1 AND 14, TOWNSHIP 9 SOUTH, RANGE 86
WEST OF THE 6TH P.M., PITKIN COUNTY, COLORADO, MORE FULLY DESCRIBED AS
FOLLOWS:
11
BEGINNING AT A POINT ON THE CENTERLINE OF THE COUNTY ROAD, WHENCE THE N.W.
CORNER OF SECTION 2, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6TH P.M. BEARS
N 24'53'20"W 10,700.62 FEET; THENCE 77.01 FEET ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 198.31 FEET (THE CHORD OF WHICH BEARS N 07-46'1 9"W 76.57 FEET);
THENCE N 18'53'47" W 571.64 FEET; THENCE 214.33 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 644.95 FEET (THE CHORD OF WHICH BEARS N 09'22'34" W 213.35
FEET); THENCE N 00'08'39" E 278.66 FEET; THENCE 399.90 FEET ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 7,470.90 FEET (THE CHORD OF WHICH BEARS N 01'40'39" E
399.86 FEET); THENCE N 03' 12'40" E 209.04 FEET; THENCE DEPARTING FROM SAID
CENTERLINE, N 89'53'44" W 931.38 FEET; THENCE WEST 214.13 FEET; THENCE S 86'38' 1 T'
W 917.11 FEET; THENCE S 18'38'00" E 383.17 FEET, THENCE S 05'01'35" E 2,174.70 FEET;
THENCE S 39'49'28" W 1,190.08 FEET; THENCE S 40' 10'47' W 794.68 FEET TO A POINT ON
AN EXISTING FENCE; THENCE ALONG, AND A PROJECTION OF, THE EXISTING FENCE N
89'53'40" E 2,567.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD, THENCE ALONG
THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING COURSES AND DISTANCES:
279.00 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1,513.90 FEET (THE
CHORD OF WHICH BEARS N 14'07'35" E 278.61 FEET; THENCE 164.37 FEET ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1,626.20 FEET (THE CHORD OF WHICH BEARS
N 16'30'37" E 164.30 FEET); N 13'36'52" E 157.94 FEET, 238.96 FEET ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 1,046.90 FEET (THE CHORD OF WHICH BEARS N 07-04'32-
E 238.44 FEET); N 00'32'1 T'E 4.91 FEET; 318.25 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 1,242.07 FEET (THE CHORD OF WHICH BEARS N 07'52'3T' E 317.38
FEET); N 15'13'02"E 137.26 FEET; 119.84 FEET ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 925.39 FEET (THE CHORD OF WHICH BEARS N 11'30'2T' E 119.75 FEET); N
07'47'52" E 130.42 FEET; 298.57 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 1,248.16 FEET (THE CHORD OF WHICH BEARS N 14'39'02" E 297.86 FEET); N 21'30' 12" E
198.81 FEET; 228.79 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 914.83
FEET (THE CHORD OF WHICH BEARS N 28'40'05" E 228.20 FEET); N 35'49'59" E 110.64 FEET;
112.01 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 198.31 FEET (THE
CHORD) OF WHICH BEARS N 19'35'24" E 110.92 FEET) TO THE POINT OF BEGINNING,
CONTAINING 184.3 ACRES, MORE OR LESS.
000011
PIDP 264; 11401002
PROPERTY LOCATION MAP
Snovnnas;
Craig and Lee Williams
Family Partnership, LTD
4305 Snowmass Creek Rd.,
Snowmass CO
12
N'alson 0""J' ltd
PIDN 264511401002 13
From: Connor Coleman (connorna resiliencvlands.coml
To: '7esch - DNR Kunis"
Subject: Elk Run Ranch fencing update
Date: Thursday, October 06, 2016 10:51:00 AM
Attachments: imaae001.ona
imace002.ona
Imaae002.ona
Kurtis,
Thanks again for taking the time to visit Elk Run Ranch at 4305 Snowmass Creek Road, Snowmass
to inspect our fencing design for both the riding arena and pasture perimeter fencing to ensure that
our design and mitigation efforts allow for the safe movement of wildlife. Attached you will find a
map depicted the layout of the fencing as built which is a slight variation from the original plan (the
addition of the wings off of the north end of the riding arena). Please note that during times when
horses are not being contained within either the arena or pasture that the gates will be left open
during times of seasonal wildlife migration. I have also attached photos of all of the gates and
dropdowns for your reference. If you could respond with a letter confirming that the attached design
build is what you observed at the ranch and that it adequately allows for the safe passage of wildlife
it would be very much appreciated. Please feel free to contact with any questions or comments you
may have.
Sincerely,
Connor
CONNOR P. COLEMAN
PRiNctPAL I FouNDER
RESILIENCY LANDS
970.945.5239 (o)
970.987.1723 (c)
000013
PID# 264511401002
ELK RUN RANCH
PASTURE FENCING PLAN
August 2016
14
Elk Run Ranch has established an enclosed horse pasture roughly 5.25 acres in size. The pasture is defined by a
three -rail "post and rail" type fence for the purpose of containing horses that are expected to reside on the ranch
beginning fall 2016. The fence is constructed of cedar posts and 4 -inch lodgepole pine rails. The rails are spaced
approximately 16 -inches apart with the bottom of the bottom rail being 14 -inches from the ground, the center of
the middle rail being 32 -inches from the ground, and the top of the top rail being 48 -inches from the ground.
To allow for the movement of wildlife, Pitkin County standards state that "Wood rail fencing shall employ three
(3) rails or less, be the round or split rail type, shall not exceed fifty four (54) inches in height above ground
level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower
two (2) rails."
To mitigate for the discrepancy between the pasture fence at Elk Run Ranch and the Pitkin County standards
applications have been implemented based on the guidance of the "Fencing with Wildlife in Mind" publication
produced by the Colorado Parks and Wildlife*. Pages 20 and 21 of this publication illustrate and endorse the use
of"dropped rail" sections to allow for the movement and migration of wildlife across fenced areas that are
encompassed by post and rail fence that do not meet the agency's suggested dimensions.
The fenced pasture at Elk Run Ranch is an irregular polygon approximately 600 -feet across at its widest point,
and 600 -feet across at its longest point. The attached map depicts the approximate layout of the pasture area and
riding arena. The green asterisks on the map delineate the location of the dropped rail sections. At these points a
section of the fence will have removable top rail and an adjacent section will have a removable bottom rail.
During times of spring and fall seasonal migration the dropped rails will be employed which will yield three
sections with a maximum fence height of 34 -inches, and three sections yielding an opening from the ground up to
30 -inches in height. This configuration will allow for ease of movement both over and under the pasture fence.
C7,,esifiencp
11 wl
This plan was developed by Connor P. Coleman who is the Principal of Resiliency Lands, LLC and is a quaked land
management professional. He possesses a B.S. in Environmental Science concentrating in wildlife ecology from Catawba
College along with a Master of Forestry (accredited by the Society of American Foresters) and a Master of Environmental
Management from the Nicholas School of the Environment at Duke Universityfocusing in the sustainable management and
restoration of landscape scale lands. Mr. Coleman has worked for multiple land management1conservation entities over the
past decade including The Nature Conservancy, U.S. Department of Defense, multiple local land trusts including the Aspen
Valley Land Trust, and is a certified wildland firefighter for and is trained in ranch management practices through Holistic
Management International. connora-,resiliencvlands.com 970-945-5239
000014
PIIkt264511401002
Openings,
Crossings,
and Passes
Openings and
crossings can be M��RAiIOR
placed in fences to CORRIDOR
allow wildlife to pass
when livestock are
absent. Openings
keep fawns and calves from being stranded, allow passage
for animals unable to jump fences, and help wildlife cross
when snow hinders passage over or under fences. Wildlife
crossings are especially important when fawns and calves
are small and during seasonal wildlife migrations. They
can considerably reduce wildlife damage to fences and
decrease maintenance costs. The local topography and
patterns of wildlife travel will help determine the
placement of crossings. Look for signs of wildlife use
and travel such as tufts of hair caught on fence wires,
game trails, trails to water, or gullies and swales that act
as wildlife corridors.
Removable Fence Sections and Gates
Fences can also be barriers to seasonal migration.
By simply removing sections of fence or opening a
strategically located gate, you can help elk and deer herds
move between summer and winter range and calving
grounds.
Dropped Rail
Jackleg fence, post and rail fences, and worm or zigzag
fences may be difficult for some animals to negotiate.
An occasional gap in the fence can provide a crossing.
Animals will often move along the length of a fence
seeking an opening. Simply dropping the rails to the
ground every 400' will allow animals to step across. Rails
should be dropped where there are signs of wildlife
passage, such as game trails, and in stream corridors,
gullies, or other natural funnels.
There are various design options that allow rails or sections of
fence to be removed to allow passage for elk and deer.
20 Colorado Parks and Wildlife
000015
PID# 264511401002 16
Wildlife jumps
can be placed
in traditional
barbed-wire
fence.
000016
Fencing with Wildlife in Mind 21
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PID# 264511401002
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PID# 264511401002
October 12, 2016
Connor Coleman
Resiliency Lands
RE: Elk Run Ranch, 4305 Snowmass Creek Road
Dear Connor,
23
Colorado Parks and Wildlife (CPW) has completed a site visit to Elk Run Ranch and has
reviewed the fencing design build. The design adequately allows for safe and easy
passage of wildlife in and around the property. CPW appreciates Elk Run Ranch keeping
wildlife in mind in their design and construction of fencing on their property.
Sincerely
Kurtis Tesch
District Wildlife Manager
00002.3
PID# 264511401002
RECEPTION#: 628146,03128/2016 at
04:08:48 PM, 24
1 OF 31, R $161.00 Doc Code DEED
CONSERV
Janice K. Vos Caudill, Pitkin County, CO
NOTICE TO TITLE COMPANY: Division of the property subject to this Easement is
prohibited in accordance with Section 7.1. This Easement further requires S100.00 be paid by
the recipient to Aspen Valley Land Trust or its successor at the time of every transfer of this
Property, as described in Section 16. This payment is exempt from the transfer fee restrictions
contained within C.R.S. 38-35-127.
SECOND AMENDED AND FIRST RESTATED
DEED OF CONSERVATION EASEMENT IN GROSS
S'NOWMASs CREEK- DA M2)ONNELLEYLOTSPLIT
Pitkin County
THIS SECOND AMENDED AND FIRST RESTATEMENTF DEED OF
CONSERVATION EASEMENT ("Easement') is executed this day of c k , 2016,
by BRADLEY D. DAVIS, JANIS PROVISOR, and CRAIG AND LEE WILLIAMS
FAMILY PARTNERSHIP. LTD, a Texas limited company (collectively "Grantor"), to and
for the benefit of ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation having
offices at 320 Main Street, Suite 204, Carbondale, Colorado 81623 (the "Trust")(collectively,
the "Parties").
The following exhibits are attached hereto and incorporated by reference herein:
Exhibit A: Property Legal Description
Exhibit B: Survey of Property
Exhibit C: Lot 1 Envelopes
Exhibit D: Lot 2 Envelopes
RECITALS
WHEREAS, Grantors are the sole owners in fee simple of Lots 1 and 2 of the
Davis/Donnelley Lot Split, according to the Final Plat thereof recorded in Plat Book 664 at page
995 of the real property records of Pitkin County, Colorado of approximately 184.359 acres of
real property in Snowmass, County of Pitkin, State of Colorado, more particularly described in
Exhibit A herein, also attached hereto and made a part hereof (the "Property");
WHEREAS, on November 21, 1991, Grantor, then comprised of Davis, Provisor and
Laura Donnelley, granted a conservation easement in gross to the Aspen Center for
Environmental Studies, a Colorado non-profit corporation ("ACES"), by that certain Deed of
Conservation Easement recorded in the real property records of Pitkin County on December
20, 1991 at Reception No. 339713, over and across all of the Property (the "Original
Easement").
00002.4
WHEREAS, the Original Easement was assigned by ACES to the Trust, with Grantor's
Aller recording return to: Aspen Valley Land Trust
320 Main St, Suite 204
Carbondale, CO 81623 (970)
963-8440
PID# 264511401002
25
consent, on June 1s', 2009, and recorded at Reception No. 559644 of the real --property records
of Pitkin County on June 3`s, 2009, making the Trust the "Grantee" from that date forward (and
term may be referred to by this document interchangeably as "the Trust" or "Grantee"). As a
contingency of the assignment, certain aspects of the Original Easement were required to be
amended by the Trust and Grantor promptly after the assignment took place. The Original
Easement's First Amendment made such adjustments to the Original Easement.
WHEREAS, the Parties amended the Original Easement in the First Amendment for
Deed of Conservation Easement (the "First Amendment") pursuant to Section 15 "Amendment"
of the Original Easement, which section permits amendment to the Original Easement when
such amendment is consistent with the purpose of the Original Easement, does not affect its
perpetual duration, does not affect its qualification pursuant to Colorado's conservation easement
enabling statute C.R.S. §38-30.5-101 et seq., and was recorded in the official records of
Pitkin County on June 3, 2009 at Reception No. 559645.
WHEREAS, the First Amendment amended the Original Easement to strike the
arbitration references in Sections 2 and 10 of the Original Easement, and substitute them with
mediation references, and to strike the reference to the Rule Against Perpetuities in Section 17
of the Original Easement, and to substitute this with language describing the perpetual, binding
nature of the Original Easement.
WHEREAS, Grantor and the Trust intend this Easement to continue to encumber the
Property and to second amend and first restate the Original Easement such that all of the terms
and conditions contained herein shall apply to the Original Easement; and upon its execution and
recordation, this Easement shall supersede and replace the Original Easement in its entirety so
that it shall have no further force or effect;
WHEREAS, the Property possesses natural habitat, wildlife, open space (including
agricultural), scenic, historical, educational AND/OR recreational values (collectively,
"Conservation Values") of importance to Grantor, the Trust, the people of Pitkin County, and
the people of the State of Colorado that are worthy of preservation;
WHEREAS, the Conservation Values of the Property are more particularly described in
the Baseline Inventory, described in Section 4 herein, and include the following conservation
purposes, the protection of which are recognized for qualified conservation contributions under
Section 170(h)(4)(A) of the Internal Revenue Code of 1986, as amended ("IRC"), and under
Section 1.170A -14(d) of the Treasury Regulations;
WHEREAS, the Property provides significant natural habitat for wildlife, including, but
not limited to, deer and elk winter range; and
WHEREAS, the Property also possesses significant open space and scenic features and
values, including, but not limited to, historically irrigated meadows, scrub oak and serviceberry-
covered hillsides, and dense stands of cottonwoods along the Walker/Wonder irrigation ditch;
000025
PIN 264511401002
26
WHEREAS, much of the Property is highly visible from Watson Divide and the
Snowmass Creek Road;
WHEREAS, preservation of these scenic and open space features and values will
contribute to the scenic enjoyment of the general public, and will yield substantial public benefit
by restricting development of the Property which would degrade the scenic and natural character
of the area and adversely affect wildlife habitat;
WHEREAS, Grantor desires and intends to preserve and maintain the wildlife, open
space and scenic features and values within and upon the Property by encumbering the same
with a conservation easement for the use and benefit of the public, pursuant to the provisions of
C.R.S. § 38-30.5-101, etseq,,; and
WHEREAS, Grantor intends to convey to the Trust the right to preserve and protect the
Conservation Values in perpetuity and the Trust agrees by accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the Conservation
Values;
WHEREAS, the Trust is a charitable organization as described in IRC §501(c)(3), and is
a publicly -supported organization as described in IRC §170(b)(1)(A) whose primary purpose is
to permanently preserve and protect the natural, scenic, agricultural, historical, and open space
resources of the greater Roaring Fork and Colorado River Valleys, and who is a "qualified
organization" to do so within the meaning of IRC §170(h)(3), possessing the resources and
commitment to protect and defend the conservation purposes of this grant;
WHEREAS, the Trust also meets requirements of Colorado law as a qualified recipient
for a conservation easement under C.R.S. §38-30.5-104, and is certified to hold conservation
easements for which a state tax credit is claimed by the State of Colorado's Division of Real
Estate as outlined in C.R.S. §12-61-720 and in Rule A-lof the Code of Colorado Regulations,
Qualifications for Certification to Hold Conservation Easements (4 CCR 725-4, Rule A-1), for
the current year. The Trust is also accredited by the Land Trust Accreditation Commission, a
national accreditation program sponsored by the Land Trust Alliance, at this time; and
WHEREAS, the Board of Directors of the Trust has duly authorized the Trust's
Executive Director or her designee to execute and accept this conservation easement on behalf of
the Trust.
AGREEMENT
NOW, THEREFORE, in consideration of the matters above, the mutual covenants,
terms, conditions and restrictions contained herein, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
000026
PID# 264511401002
1. GRANT
27
Grantor hereby voluntarily and irrevocably grants and conveys to the Trust this perpetual
Conservation Easement in gross ("Easement") over and across the Property pursuant to C.R.S.
§§38-30.5-101 et seq., through the terms mutually agreed to in this Easement, and to hold said
Easement unto the Trust and its successors and assigns forever. Grantor agrees that the donation
of the Easement gives rise to a property right, immediately vested in the Trust, which shall
constitute a binding servitude upon the Property and shall be subject to prior reservations,
easements, encumbrances and exceptions of record, except as otherwise set forth herein.
2. PURPOSES
Pursuant to the terms of C.R.S. §§38-30.5-101 et seq., the purposes of the Easement are
to assure that the Property will remain forever predominantly in its scenic, natural and open
space condition, subject to the uses of the Property permitted hereunder, to protect and preserve
the Conservation Values in perpetuity, to prevent any use of the Property that is inconsistent with
the preservation and protection of the Conservation Values and, in the event of their degradation
or destruction, to require restoration of such Conservation Values. (This paragraph collectively
defines the "Purposes").
3. INTENT
Subject to the express reservations and prohibitions described in Section 7 below, the
Parties' intent is to permit all uses of the Property that are consistent with the Purposes of the
Easement (defined above) as determined by the Trust in its sole discretion. Nothing in this
Easement is intended to prevent Grantor's quiet and reasonable enjoyment of the Property, or to
compel a specific use of the Property other than the preservation and protection of the
Conservation Values.
4. BASELINE INVENTORY
The Parties acknowledge that a "baseline" study and inventory of relevant features and
Conservation Values of the Property was prepared in December 1992 by Tom Cardamone, a
person familiar with conservation easements, the Property, and the environs, and is on file with
the Parties. A supplemental Baseline Documentation Report was produced by West Elks
Ecological Consulting in October 2009 and is also on file with the Parties. The Trust and Grantor
have reviewed and approved the Davis/Donnelley Property Inventory ("Baseline Inventory")
and, by each Party's execution of the First Amendment, agree that the Baseline Inventory is
an accurate representation of the condition of the Property at the time of the original grant of
the Easement. The Parties agree that the Baseline Inventory is not intended to preclude the use
of other evidence to establish the present condition of the Property should a controversy arise
over its use.
The Parties further agree that either party shall hereafter have the right to supplement the
Baseline Inventory with material regarding the ecological and wildlife features, as well as
existing improvements and current condition of the Property, provided that such material
000027
PID# 264511401002
28
shall be reviewed and approved in writing by both parties as an accurate representation of
the condition of the Property at the appropriate time. Grantor agrees that to that end, the Trust
may enter onto the Property with notice to Grantor at a reasonable and mutually -agreed upon
times to update and supplement the Baseline Inventory as may be appropriate to document
the Property's current condition.
In the event Grantor (or either of them) and the Trust disagree as to whether any
proposed supplement or update to the Baseline Inventory constitutes an accurate representation
of the condition of the Property as of the appropriate date, Grantor (or either one of them)
or the Trust may submit the dispute to mediation, based on the procedures set forth in
Section 12.1 herein.
5. RIGHTS OF THE TRUST
To fulfill the Purposes of this Easement, Grantor hereby conveys to the Trust a property
right and interest in the form of this Easement, which immediately vests with the Trust (as
agreed in Section I and stipulated in Section 14.3, herein), and includes the following affirmative
rights:
5.1. All development rights deriving from the Property in any way ("Trust's
Development Rights"), except those expressly reserved by Grantor in Section 7 of this Easement.
The Parties agree that Trust's Development Rights shall be held by the Trust in perpetuity in
order to fulfill the Purposes of this Easement, and to ensure that such rights are forever released
and terminated as to Grantor;
5.2. The right to preserve and protect the Conservation Values in perpetuity;
5.3. The right to enter upon the Property at least annually at reasonable times agreed to
mutually by Grantor and the Trust to inspect the Property thoroughly, to monitor Grantor's
compliance with, and otherwise enforce the terms of this Easement, to exercise the rights herein
granted, and to determine compliance with the Management Plan; provided that such entry shall
not unreasonably interfere with Grantor's use and quiet enjoyment of the Property, with the
exception that 48-hour notice shall be required in the event the Trust reasonably believes that
immediate entry upon the Property is essential to prevent or mitigate a violation of the Easement;
5.4. The right, as an interest owner in the Property, to prevent or enjoin Grantor or
third parties (whether or not invitees of Grantor) from engaging in any activity or use of the
Property that is inconsistent with the Purposes of the Easement; and the right to require Grantor
or third parties, as may be responsible, to restore such areas or features of the Property that are
damaged by any inconsistent activity or use, subject to the qualifications of Section 13.5 herein;
5.5. The right, as an interest owner in the Property, to receive notification from and
join Grantor as a party to any condemnation or eminent domain proceedings affecting the
Property (as described in Section 14), or to any leases, surface use agreements, damage
agreements or rights-of-way that may be proposed, granted or required hereafter as a result of
PID# 264511401002
29
mineral development (as described in Section 7.3.I) or other activities with the potential to
impact the surface of the Property or its Conservation Values;
5.6. The right to identify, preserve and protect in perpetuity the natural, ecological,
wildlife, open space and scenic features and values of the Property; and
5.7. Any other rights that the Parties may approve consistent with the Purposes of the
Easement, including adding additional purposes or defining additional Conservation Values.
6. RIGHTS OF GRANTOR
Grantor reserves to itself and to its personal representatives, heirs, successors, and
assigns, all rights and obligations accruing from its ownership of the Property, including the right
to engage in activities and uses of the Property not prohibited herein and that are consistent with
the Purposes of the Easement, pursuant to IRC §170(h)(4) and C.R.S. §38-30.5-102. As
expressly provided in C.R.S. § 38-30.5-105, all interests not transferred and conveyed to Grantee
by this Easement shall remain in Grantor, including the right to engage in all uses of the Property
which are not inconsistent with the Easement or prohibited by the Easement or by law.
7. PROHIBITED AND PERMITTED USES /RESERVED AND RESTRICTED RIGHTS
The following uses and practices by Grantor, though not an exhaustive recital, are either
permitted or prohibited by this Easement. Certain uses, where indicated, require notice to or
approval from the Trust, or both, according to Sections 10 and 11. Any other activities that are
inconsistent with the Purpose of this Easement or with preservation and protection of the
Conservation Values are prohibited. Grantor shall request the Trust's prior approval for uses not
expressly described herein when there is a question as to their consistency with the Purposes of
this Easement. Nothing permitted by this Easement, or approved by the Trust in accordance with
Section 11, constitutes approval by any government or regulatory agency for construction,
development or land use; nor shall any permit or approval granted by a government or regulatory
agency override the terms of this Easement. Grantor retains responsibility for obtaining and
complying with all necessary permits and applicable laws (as defined in Section 21.1) before
engaging in uses permitted under this Easement.
7.1. Division of Property. Grantor may not divide or subdivide (including de facto
subdivision) the Property into more than one parcel of land without the approval of the Trust and
as defined in the Subdivision Improvements Agreement for Davis/Donnelley Lot Split (Pitkin
County Reception #: 339714, recorded 12/20/1991). At all times the Property shall be owned as
a single parcel subject to this Easement. Ownership of the single parcel by joint tenancy or
tenancy in common is permitted; however, actions to partition or condominiumize the Property
are prohibited.
7.2. Buildings and Improvements. The construction, location, relocation or
expansion of any improvements (defined as permanent or temporary buildings, structures,
mobile homes or other physical, human -introduced development of or on the Property, including
6
000029
PID# 264511401002
30
but not limited to landscaping, fences, roads, utilities, septic systems, and golf courses) is
prohibited on the Property, except as follows:
A. BuildingEnvelope. nvelope. Grantor retains one (1) building and disturbance envelopes per
Lot, legally described on Exhibits C-1 and D-1 and shown approximately on Exhibits B, C-2,
and D-2 (the `Building Envelopes"), within which Grantor may engage in all non -industrial
uses then permitted by Pitkin County Regulation(s) and all other applicable laws, as defined in
Section 21.1, including but not limited to landscaping, grading, and construction. The precise
boundaries of the Building Envelope have been surveyed by Grantor and provided to the Trust
prior to undertaking new construction therein, and the location of the Building Envelope shall
not be changed without Trust's approval. Within the Building Envelope, Grantor reserves the
right construct, locate, rebuild, remodel, relocate, maintain and enlarge structures and
improvements as follows:
a. Residences. A maximum of one (1) residential dwelling and one (1)
associated Accessory Dwelling Unit or Caretaker Dwelling Unit, as then defined by Pitkin
County is permitted inside each Building Envelope; provided the combined footprint of such
structures does not exceed 7,500 square feet. For the purposes of this Easement, building square
footage shall be defined by the then Pitkin County regulations. The total allowable floor area
for each lot, including employee dwelling units, agricultural out -buildings and all permitted
accessory structures, shall be 7,500 square feet as defined by the then Pitkin County regulations.
b. Accessory Structures and Improvements. Accessory structures (such as sheds,
barns and garages) are permitted within the Building Envelopes together with all improvements
then permitted by Pitkin County (including but not limited to utility lines, septic systems, fences,
corrals, picnic areas, and driveways).
B. Agricultural Structures. Grantor retains the right to construct, replace, enlarge,
relocate and maintain (on Lot 2 only) a barn within the Lot 2 "agricultural envelope". Any
additional accessory structures are to be located within the Activity Envelopes or Lot 2
agricultural envelope (such as hay sheds, machine sheds, loafing sheds or pump houses),
provided the total gross square footage of all buildings (including residential structures) does not
exceed 7,500 square feet as defined by the then Pitkin County regulations.
C. Fencing. Grantor may construct, maintain, repair and replace fencing on the Property,
provided any new or replaced fencing located outside of the Activity Envelope is generally
consistent with then -current Colorado Parks and Wildlife("CPW") guidelines for fencing so as
to permit the movement of wildlife across the Property. Any disturbance to the Property that
results from such fence maintenance or construction shall be reseeded within three months,
season permitting, or as otherwise approved by the Trust so as to prevent the spread of weeds.
Corrals, livestock holding pens and other enclosures or exclosures (defined as being two
acres in size or less) that do not meet the above CPW guidelines are permitted only within the
Activity Envelope unless otherwise approved by the Trust.
000030
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Except within the Building Envelope, privacy fencing and the planting of trees or other
vegetation along Property boundaries that detrimentally affects the general public's visual access
to and across the Property is must be consistent with the Management Plan.
D. Roads and Access Easements. Outside the Building Envelope, existing roads and
driveways, as shown approximately on Exhibit B, may be maintained, graded and graveled,
provided such roads are not widened or surfaced with impermeable materials without Trust's
approval. Under no circumstances may more than 2% of the Property be surfaced with
impermeable materials in accordance with Section 7.2.A., above. The construction of or
granting of easements or rights-of-way for new roads or rights of access outside of the Building
Envelope is prohibited without approval of the Trust.
E. Trails. Outside the Building Envelop, the development and use of low -impact,
unimproved footpaths (not to exceed three (3) feet in width) are permitted for non -motorized
recreation, property management and agricultural purposes in a manner and location that
minimizes erosion and disturbance to the Property's wildlife and scenic values. Recreational
courses or tracks for motorized vehicles are prohibited. The term "unimproved" for this purpose
means not graded, cut, graveled or filled (except in isolated areas as necessary for trail
maintenance), or surfaced with impermeable materials.
F. Aircraft Landing Pads or Strips. Transient use of roads or pasturelands on the
Property for occasional landing of small aircraft is permitted.
G. Recreational Structures. Outside of the Building Envelope, temporary and low -
impact (defined in Section 21.1 herein) recreational structures, such as tents, picnic tables,
benches, fire pits, are permitted in a location and manner not damaging to the public scenic
benefit or wildlife habitat.
H. Ponds. Irrigation and Water Features. The installation, maintenance and
improvement of water catchments, including stock ponds, wildlife guzzlers (which collect rain,
snow and runoff to provide a water source for wildlife), wetlands and other water features for
agricultural purposes or the enhancement of wildlife habitat are prohibited unless otherwise
approved by the Trust. Construction of ponds or water features for other purposes is restricted to
the Activity Envelope unless otherwise approved by the Trust. Soil, sand, rock and gravel
produced during the excavation or construction of permitted ponds may be used or relocated on
the Property in a manner consistent with the Purposes of this Easement.
1. Utilities, Irrigation Structures and Other Technology. The installation of or granting
of easements and rights-of-way for utilities, utility lines, irrigation structures (including ditches,
pipelines, headgates and other irrigation equipment), and related infrastructure outside of the
Building Envelope, requires prior approval from the Trust, except as permitted by easements or
rights-of-way existing prior to the grant of this Easement, and as follows:
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a. Utility Lines. Above- and below -ground utility lines may be located within
existing pasture areas and along permitted roads or road rights-of-way as necessary to service the
Building Envelope;
b. Water Wells. Water wells, pumps, and low -impact (defined in Section 21.1)
water storage tanks are permitted as necessary for permitted residential and wildlife uses of the
Property, provided that wells and water lines for domestic use shall be located within the
Building Envelope if practically possible;
C. Irrigation Structures. The installation, maintenance and improvement of
ditches, pipelines, structures and related equipment for irrigation of the Property or the
enhancement of wildlife habitat is permitted in compliance with applicable laws, and Section
7.3.K., Water Rights;
d. Renewable Energy and Other Technology. Outside of the Building Envelope,
only low -impact, off -grid (defined in Section 21.1) wind- and solar- and geo-thermal and micro -
hydro powered generators, fuel cells, propane tanks, and other low -impact renewable energy -
generating or storing structures (such as such as roof -mounted solar panels, solar- or wind -
powered pumps, or solar -powered electric fences), and other technology (such as network routers
and satellite dishes) are permitted. Unless located within the Building Envelope, commercial
production of energy or the connection of energy -generating structures to the power grid requires
the Trust's prior approval, except otherwise provided in Section 7.3.J., Minerals.
e. Exterior lighting. The installation of exterior lighting outside the Building and
Human Activity Envelopes is prohibited.
Grantor shall promptly reseed and restore any surface impacts that result from the installation
or maintenance of any above-described improvements to as close to the Property's original
condition as possible within three months, season permitting, or as otherwise approved by the
Trust.
7.3. Resource Management and Use. Grantor recognizes the importance of good
resource management and stewardship to preserve and protect the Conservation Values.
Accordingly, Grantor agrees not to alter the topography of the Property outside of the Activity
Envelope(s) through placement or removal of soil, gravel, land fill, or other materials nor to
impair or disturb the relatively natural habitat for native plants, wildlife, or ecosystems on the
Property, except: (a) as necessary in emergencies; (b) as approved by the Trust and any required
permitting agencies for habitat enhancement or restoration purposes, or pursuant to a Trust -
approved management plan; (c) as necessary for improvements described in Section 7.2 above;
(d) as described below. No surface alterations may be made that damage the Conservation
Values, including the Property's use for agriculture.
A. Management Plan: A Management Plan was developed in 1992 and updated in 2012
for the purpose of guiding management activities to be undertaken to promote or achieve the
purpose of the Conservation Easement. The Management Plan can be updated at any time by
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the Grantor or a competent expert at Grantor's expense, and approved by the Trust, which
approval shall not be unreasonably withheld provided the Management Plan is designed to
maintain or enhance the Conservation Values and general ecosystem health of the Property,
and is consistent with the terms and Purposes of this Easement. A singular Management Plan
can serve to benefit the entire Property or separate plans can be developed for each lot as
well as activity specific plans (i.e.: grazing plan, wildfire mitigation plan, etc.).
B. Surface Disturbance: Grantor recognizes the importance of good resource
management and stewardship to preserve and protect the Conservation Values. Accordingly,
Grantor agrees not to alter the topography of the Property outside of the Building Envelope
through placement or removal of soil, gravel, land fill, or other materials, except: (a) as
necessary in emergencies; (b) as approved by the Trust and any required permitting agencies
for habitat enhancement or restoration purposes; (c) as necessary for improvements described
in Section 7.2 above; (c) as necessary to permitted agricultural and other uses described
below. No surface alterations may be made that damage the Conservation Values, including
the Property's use for agriculture.
C. Livestock Grazing and Agriculture. The grazing or keeping of livestock or horses on
the Property, or the cultivation of crops is limited to the Activity Envelopes, unless otherwise
approved by the Trust, and subject to a grazing management plan. If equestrian or
agricultural operations on the Property cease in the future, Grantor agrees to reseed heavily
disturbed areas and take other measures necessary to establish native or drought -tolerant,
non-invasive ground cover to prevent the spread of noxious weeds. The Parties agree that
agricultural operations may resume at any time thereafter upon approval from the Trust.
D. Forest and Vegetation Management. Selective cutting, thinning (see definitions in
Section 21.1) and burning of native trees, shrubs and vegetation on the Property is permitted
to control fire danger, insects, and disease; to prevent personal injury and property damage;
for personal firewood collection and construction of permitted structures; or to otherwise
maintain the health of the wildlife habitat or ecosystem. The Trust's approval is required for
clear cutting of forests, clearing or conversion of native shrublands, commercial forestry (as
defined in Section 21.1), activities affecting riparian or wetland habitat, or high -impact
activities that may impact the Property's Conservation Values in the near or short term. The
Trust may require that such activities follow a management plan prepared at Grantor's
expense in cooperation with CPW or by a qualified expert satisfactory to the Trust.
E. Weed Control. Grantor agrees to control noxious weeds and invasive plant species on
the Property in accordance with the Colorado Noxious Weed Act (January 23, 2006), as
amended, and other applicable laws, and shall not intentionally introduce noxious weeds or
invasive species to the Property.
F. Off -Road Use of Vehicles. Off-road use of motorized vehicles is prohibited, except in
emergencies, as necessary for property maintenance, and as necessary to implement the
Management Plan.
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G. Hunting and Fishing. Hunting, fishing and the leasing of hunting rights on the
Property may be permitted or prohibited at Grantor's discretion and in accordance with all CPW
regulations and other applicable laws.
H. Predatory Animals. The keeping of dogs or other predatory animals is subject to
Pitkin County approvals. The allowance of dogs on Lot 1 is granted by Pitkin County Resolution
No. 101-2012 (Reception #: 594731, recorded 1 211 1 /20 1 2), which Resolution is based on Pitkin
County Land Use Code, Sec. 7-20-80(e)(2), which states, "If development is approved within
winter range, severe winter range and/or winter concentration areas, dogs shall be kenneled
within fifty (50) feet of the residential buildings or leashed under human supervision when
outside a required kennel." The keeping of dogs on Lot 2 is prohibited by the 1991 Pitkin County
development restrictions. Nothing in this Easement prohibits the keeping of dogs or predatory
animals. If the owners of Lot 2 wish to apply to amend the County prohibition they may.
I. Trash and Dumping. Grantor shall not dump or permanently accumulate trash,
garbage, or other refuse on the Property, except for agricultural by-products and compostable
matter produced or used on the Property.
J. Mining and Minerals. There is not currently any mineral development or mining
occurring on the Property, and mining, quarrying, drilling, boring, or exploring for or removing
oil, gas, minerals, rocks, stones, gravel or earth (collectively hereafter "minerals") on or below
the Property is prohibited, except by third party mineral rights holders having the pre-existing
right to this Easement grant to explore for, extract or develop minerals associated with the
Property. Grantor shall not sell, lease, transfer or separate from the Property any mineral rights
owned or controlled by Grantor as of the date of this grant, but should a third patty mineral rights
holder require surface or sub -surface access to minerals on or below the Property, Grantor agrees
to notice the Trust and include Trust as a party to any negotiations regarding mineral leases,
surface use agreements, damage agreements, or other related mineral agreements (collectively
hereafter "Mineral Agreements") that may affect the surface of the Property or its Conservation
Values (including ground and surface water resources) for the purpose of, and to the extent
possible, protecting and preserving, and if necessary, restoring and remediating, the
Conservation Values. The Trust shall claim no rights to proceeds or royalties from any permitted
mineral development and Grantor shall retain sole execution authority for all permitted Mineral
Agreements, provided the Trust has been properly notified and provided the opportunity to
participate in negotiations for the Mineral Agreements.
K. Water Rights. There are no water rights included with this grant nor burdened by this
encumbrance.
7.4. Other Restricted Uses and Practices.
A. Commercial and Industrial Activities. Grantor shall not conduct industrial activity on
the Property. Commercial activity may be conducted only in a manner consistent with the terms
and Purposes of this Easement (such as agriculture, cottage industries and other customary rural
enterprises). Grantor shall not conduct any more than de minimis commercial recreational
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activity on the Property pursuant to IRC §2031(c), which limit is interpreted and intended by the
Parties to permit leasing of hunting rights and the Property's use by paying guests, commercial
guides or outfitters for non -motorized recreation or travel, provided the amount of revenue
collected by Grantor from such sources falls within the definition of de minimis at the time.
B. Recreation. Non-commercial/private, non -motorized recreational uses such as hiking,
horseback riding, mountain biking, cross-country skiing, hunting, fishing and camping are
permitted on the Property in a Property in a non -intensive and low -impact manner consistent
manner consistent with the terms and Purposes of this Easement, including the above
commercial recreation limit. Recreational tracks or courses for dirt bikes or motorcycles are
prohibited. Public and commercial shooting ranges are also prohibited. Hiking and horseback
riding by Grantor and their respective families, guests and invitees is permitted.
H. PUBLIC ACCESS
By terms of this Easement, Grantor does not afford the public any more than visual
access to any portion of the Property, although Grantor may permit public access to the Property
on such terms and conditions as it deems appropriate provided that such access is not
inconsistent with the terms of this Easement.
9. REPRESENTATIONS AND WARRANTIES
Grantor represents and warrants that, after reasonable investigation and to the best of its
knowledge:
9.1. Except for an abandoned shale surface mine; and fuels customarily used or
transported in connection with agricultural and construction activities; no substance defined,
listed, or otherwise classified pursuant to any federal, state, or local law or regulation as
hazardous, toxic, polluting, or otherwise or threatening to human health or the environment
exists or has been used or released on the Property;
9.2. There are not now any underground storage tanks located on the Property, and no
underground storage tanks have been removed from the Property in a manner not in compliance
with applicable laws (as defined in Section 21.1);
9.3. Grantor and the Property are in compliance with all federal, state, and local laws
and regulations applicable to the Property and there is no existing, pending or threatened
litigation affecting or relating to the Property;
9.4. Grantor has good and sufficient title to the Property and has lawful authority to
grant and convey the Easement, that any mortgages or liens on the Property are subordinate to
the terms of this Easement, and that Grantor shall warrant and forever defend the title to the
Easement against all and every person or persons lawfully claiming by, through or under
Grantor, the whole or any part thereof, except for rights-of-way, easements, restrictions,
covenants and mineral reservations of record.
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10. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS;
REQUESTS FOR APPROVAL
The purpose of requiring Grantor to notify the Trust before undertaking certain activities
and uses of the Property, as identified in Section 7 or elsewhere in this Easement, is to afford the
Trust an opportunity to update its records and, if approval is required, to ensure that the activities
in question are consistent with the terms and Purposes of this Easement. Grantor shall notice
Trust and seek its approval, according to Section 11 below, for proposed activities or uses not
described herein when there is a question as to consistency with the terms or Purposes of the
Easement or protection of the Conservation Values. Whenever notice and the Trust's approval
are required, Grantor shall notify the Trust in writing not less than 30 days prior to the date
Grantor intends to undertake the activity in question, and describe the nature, scope, design,
location, timetable, and any other material aspect of the proposed activity in sufficient detail to
permit the Trust to make an informed judgment as to the activity's consistency with the terms
and Purposes of this Easement. Whenever notice is required without the Trust's approval,
Grantor shall notify the Trust in writing not less than 30 days in advance of the proposed activity,
unless this Easement provides otherwise.
Should the Trust fail to post its response to Grantor's notice within 30 days of the posting
of said notice, the proposed activity shall automatically be deemed consistent with the terms of
this Easement, and the Trust shall have no further right to object to the activity identified by such
notice.
11. THE TRUST'S APPROVAL
Whenever this Easement requires that Grantor obtain the Trust's approval for any activity
or use of the Property, or if Grantor desires approval for any activity or use not clearly consistent
with the terms or Purposes of the Easement, such approval shall be given in the Trust's sole
discretion, according to whether the Trust determines that such activity will not damage the
Conservation Values, which burden of proof lies with the Grantor. The Trust's approval may be
withheld in its sole discretion if the Trust determines that the proposed activity would damage
the Conservation Values or be otherwise inconsistent with the terms and Purposes of this
Easement. The Trust shall set forth its determination, and the reason(s) for the determination, in
writing to Grantor within 30 days of receipt of Grantor's written notice and request for approval
(as described in Section 10, above). In the event the Trust should withhold its approval, it may
also specify to Grantor any modifications to the request that might render the request consistent
with the terms and Purposes of the Easement. If Grantor does not agree with the Trust's decision
then mediation as defined below in Section 12.1 may be sought.
12. TRUST'S REMEDIES. ENFORCEMENT
The Trust shall have the right to prevent and correct, or require correction of, violations
of this Easement. The Trust is not responsible for monitoring for or enforcing violations of any
applicable laws (as defined in Section 21.1), permits, or third party contracts affecting the
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Property now or in the future, except to the degree that any violations of applicable laws may
also violate this Easement, damage the Conservation Values, or be otherwise inconsistent with
the Purposes or terms of this Easement.
If the Trust finds what it believes is a violation, or a threat of a violation of this Easement,
the Trust shall notify Grantor of the nature of the alleged violation. Upon receipt of this notice,
Grantor shall immediately discontinue any activity that could increase or expand the alleged
violation and shall either: (a) restore the Property within 60 days as is best possible to its
condition prior to the violation, or if immediate restoration is not possible, Grantor shall submit a
restoration plan to the Trust within 60 days; or (b) provide a written explanation to the Trust of
the reason why the alleged violation should be permitted. If the Trust is not satisfied with
Grantor's written explanation or restoration actions, the Parties agree to meet as soon as possible
to resolve their difference. If a resolution cannot be achieved at the meeting, the Parties agree to
attempt to resolve the dispute pursuant to Section 12.1, below.
At any time, including if Grantor does not immediately discontinue any activity that
could increase or expand the alleged violation, or if the Trust believes an ongoing, imminent, or
threatened activity violates the Easement, the Trust may take immediate legal action to stop the
activity without prior notice to Grantor, without waiting for the period provided for cure to
expire, and without waiting for the 60 -day mediation period to expire. The Trust may bring an
action at law or in equity, ex parte as necessary, in a court of jurisdiction to enforce the terms of
this Easement and to enjoin a violation by temporary or permanent injunction, which may
require restoration of the Property to the condition that existed prior to the violation. The Trust's
remedies described here shall be in addition to all remedies now or hereafter existing at law or in
equity, and shall include, without limitation, the right to recover damages for violation of the
terms of this Easement or injury to the Conservation Values, including damages for the loss of
scenic, aesthetic, or environmental values. The Trust, may apply any damages recovered to the
cost of undertaking restorative, remedial or corrective action on the Property without limiting
Grantor's liability for such damages or corrective action.
Enforcement of the terms of this Easement shall be at the sole discretion of the Trust, and
any forbearance by the Trust to exercise its rights under this Easement shall not be construed to
be a waiver by the Trust of its rights, or of any term(s) of the Easement, including any
subsequent breach of the same or other term(s) of this Easement. No delay or omission by the
Trust in the exercise of any right or remedy shall impair such right or remedy or be construed as
a waiver. The failure of the Trust to discover a violation or to take immediate legal action shall
not bar the Trust from doing so at any time after the date upon which the violation is discovered.
All reasonable costs incurred by the Trust in enforcing the terms of this Easement,
including, without limitation, costs of pursuing legal action and reasonable attorney's fees, and
costs of restoration necessitated by Grantor's violation of the terms of this Easement, shall be
borne by Grantor, unless Grantor ultimately prevails in a judicial enforcement action, or a court
finds that the Trust acted in bad faith in seeking to enforce the terms of this Easement, in which
cases each Party shall bear its own costs. If the Parties agree to mediation, the Parties will
equally share the cost of the mediator's fees.
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12.1. Mediation. If a dispute arises between the Parties concerning the consistency of
any proposed activity with the terms of this Easement, and Grantor agrees not to proceed with
the activity pending resolution of the dispute, either Party may refer the dispute to mediation by
written request to the other. Within 10 days of the receipt of such request, the Parties shall select
a trained and impartial mediator, preferably with experience in real property law and land
conservation. If the Parties are unable to agree on a mediator, or no such experienced mediator is
available, then the Parties shall each select a qualified mediator and those two mediators shall
select a mediator who shall alone mediate the dispute. Mediation shall then proceed in
accordance with the following guidelines:
A. Purpose. The purpose of the mediation is to: (a) promote discussion between the
Parties; (b) help the Parties develop and exchange information concerning the issues in dispute;
and (c) help the Parties develop proposals that will enable them to arrive at a mutually acceptable
resolution. The mediation is not intended to result in or be interpreted as resulting in any
modification or amendment of the terms, conditions, or restrictions of this Easement;
B. Participation. The mediator may meet with the Parties and their counsel jointly or ex
parte. The Parties agree that they will participate in the mediation process in good faith and
expeditiously, except in cases where the Trust believes that there is ongoing damage to
Conservation Values, in which case the Trust can suspend its involvement in the mediation to
remedy this threat of ongoing violation. Representatives of the Parties with settlement authority
will attend mediation sessions as required by the mediator;
C. Confidentiality. All information presented to the mediator shall be confidential and
may be disclosed by the mediator only with the consent of the Parties or their respective counsel.
The mediator shall not be subject to subpoena by any Party in any subsequent litigation;
D. Time Period and Fees. Neither Party shall be obligated to continue the mediation
process beyond a period of 60 days from the date of the initial meeting with the mediator, or if
the mediator concludes that there is no reasonable likelihood that continuing mediation will
result in a mutually agreeable resolution. The Parties shall each bear 50% of the mediator's fees.
13. COSTS, LIABILITIES, TAXES, AND ENvIRONMENTAL COMPLIANCE
13.1. Costs, Legal Requirements and Liabilities. Grantor retains all responsibilities
and obligations and shall bear all costs and liabilities related to the ownership, operation, and
maintenance of the Property, including the payment of property and other taxes related to the
Property, and maintenance of liability insurance coverage. Grantor shall make best efforts to
keep the Property free of any liens arising out of any work performed for, materials fumished to,
or obligations incurred by Grantor. Nothing in this Easement shall be interpreted as prohibiting
Grantor from obtaining loans secured by deeds of trust encumbering the Property, provided any
such deeds of trust are subordinate to this Easement;
13.2. Control. Nothing in this Easement shall he construed as giving rise, in the
absence of ajudicial decree, to any right or ability of the Trust to exercise physical or managerial
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control over the day-to-day operations of the Property, or over any of Grantor's activities on the
Property, or otherwise to become an operator with respect to the Property within the meaning of
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended ("CERCLA"), and any Colorado state law counterpart;
13.3. Hold Harmless. Grantor shall hold harmless, indemnify and defend the Trust
and its members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively, the "Trust Parties") from
and against all liabilities, including, without limitation, court awarded third -party attorneys' fees,
arising from or in any way connected with: (a) the injury to or the death of any person, or
damage to property, occurring on or about or related to the Property, unless and to the extent
such injury, death, or damage was caused by the willful and wanton act (as defined by C.R.S.
§13-21-102(l)(b)) or omission of any of the Trust Parties; (b) the violation or alleged violation
of, or other failure to comply with, any state, federal, or local law, regulation, or requirement,
including, without limitation, CERCLA, by any person other than any of the Trust Parties, in any
way affecting, involving, or relating to the Property; (c) the presence or release of hazardous or
toxic substances in, on, from, or under the Property at any time, of any substance now or
hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law,
regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air,
water, or soil, or in any way harmful or threatening to human health or the environment, unless
and to the extent caused by any of the Trust Parties; (d) payment of taxes imposed upon or
incurred by the Property as a result of this Easement, including property taxes and the sale of
income tax credits acquired as a result of this Easement; (e) tax benefits or consequences of any
kind which result or do not result from entering into this Easement; and (f) the obligations,
covenants, representations, and warranties described herein;
13.4. Waiver of Certain Defenses. Grantor hereby waives the defenses of laches,
estoppel and prescription. Grantor and waives any defenses or rights available to Grantor
pursuant to C.R.S. §38-41-119 and agrees that the one-year statute of limitation provided by
C.R.S. §38-41-119 does not apply to this Easement.
13.5. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle the Trust to bring any action against Grantor for any injury to or change in
the Property resulting from causes beyond Grantor's control or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property. Grantor is not responsible for acts of third parties not authorized to access the
Property, but shall be responsible for all third parties, including guests or invitees, authorized by
Grantor to access the Property. The Trust retains the right to enforce the terms of this Easement
against third parties or Grantor or both for violations of the Easement or damage to the Property.
14. EXTINGUISHMENT AND CONDEMNATION
14.1. Extinguishment. The Parties agree that any changes in the economic viability of
the uses permitted or prohibited by this Easement, or changes to neighboring land and its use
shall not be deemed circumstances or conditions justifying the termination or extinguishment of
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the Easement. In addition, the inability of Grantor, or Grantor's heirs, successors or assigns, to
implement any or all of the uses permitted under this Easement shall not impair the validity of
the Easement, or be considered grounds for termination or extinguishment of this Easement.
If circumstances arise in the future that render the Purposes of this Easement impossible
to accomplish, the Easement can only be terminated or extinguished, in whole or in part, by
judicial proceedings after a court of competent jurisdiction has found that the Purposes of this
Easement are impossible to accomplish and has explored all options for importing other
Purposes for the Easement. Each Party shall promptly notify the other when it first learns of
such circumstances. The amount of the proceeds to which the Trust shall be entitled from any
sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such
termination, shall be determined, unless otherwise provided by Colorado law at the time, in
accordance with the Proceeds paragraph below, and such proceeds shall be used by the Trust in a
manner consistent with the conservation Purposes of the original Easement contribution, as
required by § 1. 170A-1 4(g)(6)(i) of Treasury Regulations;
14.2. Condemnation. If all or any part of the Property is taken by condemnation, or by
purchase in lieu of condemnation by any public, corporate, or other authority so as to terminate
the Easement in whole or in part, Grantor and the Trust shall act jointly to recover the full value
of the interests in the Property subject to the taking or in -lieu purchase, and all damages resulting
there from. All expenses reasonably incurred by Grantor and the Trust in connection with the
taking or in -lieu purchase shall be paid out of the amount recovered. The Trust's share of the
balance of the amount recovered shall be determined by multiplying that balance by the
percentage set forth in Proceeds paragraph below;
14.3. Proceeds. Grantor and the Trust stipulate that as of the date of this Easement,
they are each vested with a real property interest in the Property. The Parties further stipulate
that the Trust's interest in the Easement has a value that shall be determined by a qualified
conservation easement real estate appraisal at the time of extinguishment, condemnation, or any
other event terminating part or all of the Easement on the property, should any such event occur
in the future. This value shall be represented as a percentage of the fair market value of the
Property that is at least equal to the proportionate value that the Easement bears to the value of
the Property as a whole at the time of the Easement's grant, which percentage shall remain
constant in relation to any future fair market value of the Property. Such percentage shall be used
only for determining the Trust's proportion of proceeds from any payment of damages or action
resulting from circumstances described in the Extinguishment and Condemnation paragraphs
above, and including other events of partial or complete termination of the Easement. The Parties
agree that the value of any improvements to the Property made by Grantor after the date of this
Easement is reserved to Grantor.
15. ASSIGNMENT OF EASEMENT
In the event the Trust is no longer able to carry out its duties and obligations under this
Easement, or if circumstances change so that another similar organization is better able to carry
out such duties and obligations, the Trust may, upon prior notice to Grantor, elect to transfer the
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Easement and assign its rights and obligations under this Easement to a qualified land
conservation organization that is, at the time of transfer: (a) willing and able to accept the
transfer; (b) a qualified organization under IRC §170(h) (or any successor provision then
applicable), and its applicable Treasury Regulations; (c) authorized to hold conservation
easements under Colorado law; and (d) charged with a mission similar to that of the Trust. As a
condition of such transfer, the Trust shall require the transferee to expressly agree, in writing, to
uphold the Purposes of the Easement and otherwise assume all of the obligations and liabilities
of the Trust set forth in this Easement. After such transfer, the Trust shall have no further
obligation or liability under this Easement.
16. SUBSEQUENT TRANSFERS OF PROPERTY
Grantor agrees to notify any party who may purchase, lease, or otherwise hold interest in
this Property of the terms of this Easement, and to provide a copy of the Easement and the
Baseline Inventory to such party if requested. The conveyance document must expressly refer to
this Easement and acknowledge that all subsequent owners are subject to its terms. The Trust
shall be available to meet with any prospective recipient of the Property to explain the terms of
this Easement, either before or after closing, and to answer any questions related to this
Easement or its supporting documentation.
In addition, at any time Grantor transfers the Property to a third party, including all
subsequent transfers, that party shall pay $100.00 to the Trust to cover administrative costs
associated with the transfer, as well as to put the third parry recipient on notice of the existence
of this Easement. This payment is exempt from transfer fee restrictions of C.R.S. §38-35-127
because it because the payment shall be used by the Trust only to benefit the Property, any
adjacent or contiguous real property, or the community in which the Property is located to
support preservation of open space, recreational, environmental, conservation, or similar
activities.
17. NOTICES
Any communication that either Party is required to give to the other under the terms of
this Easement shall be in writing and physically delivered or sent by first class mail, postage
prepaid, to the following addresses, or to such other address as either Party may designate in the
future by written notice to the other. Other communications not required by this Easement may
be in the form of email or other electronic communication:
To Grantor:
Davis/Provisor: Bradley D. Davis and Janis Provisor
5-5A Chancery Lane, GR/Rear
Central, Hong Kong, SAR China
18
000041
PIDH264511401002
Williams: Craig and Lee Williams
5577 Cedar Creek
To the Trust:
Houston, TX 77056
Aspen Valley Land Trust
320 Main Street, Suite 204
Carbondale, CO 81623
Phone: 970-963-8440
Fax: 970-963-8441
18. RECORDATION
42
The Trust shall record this Easement in the official records of Pitkin County, Colorado
and may re-record it at any time as may be required to preserve its rights in this Easement.
19. AMENDMENT
If circumstances arise under which an amendment to this Easement would be appropriate
to promote the Purposes of the Easement, Grantor and the Trust may jointly amend this
Easement. However, the Trust is under no obligation to amend this Easement, and may decline
any amendment in its sole discretion. Any amendment must be consistent with the Purposes of
the Easement, and may not affect the Easement's perpetual duration. Any amendment must be
in writing, signed by all the Parties, and recorded in the records of the Clerk and Recorder of the
appropriate Colorado County. Corrections to correct factual mistakes or typographical or clerical
errors may be made at the discretion of the Trust. No amendment shall be allowed that affects
the qualification of this Easement or the status of the Trust under any applicable laws, including
C.R.S. §§38-30.5-101 et seq., or IRC §170(h), or § 501(c)(3), or any regulations promulgated
thereunder. No amendment shall be permitted that will confer impermissible private benefit to
Grantor or to any other individual or entity (see Treas. Reg. 1.170A-14(h)(3)(i)) that is greater
than the benefit to the general public, or that will result in private inurement to a Board member,
staff or contract employee of the Trust (see Treas. Reg. 1.501(c)(3) -1(c)(2)). Amendments may
be subject to a fee set by the Trust according to Trust policies to cover its staff time, legal and
hard costs.
20. SUBORDINATION
At the time of conveyance of the Easement, the Property is not subject to a Deed of Trust.
21. GENERAL PROVISIONS
21.1. Definitions. For the purposes of this Easement, the following words and phrases
are defined as follows:
19
00042
PID# 264511401002
43
A. The terms "Grantor" and "the Trust," and any pronouns used in place of those terms,
refer to, respectively, Grantor and Grantor's heirs, personal representatives, executors,
administrators, successors and assigns, and the Trust and its successors and assigns;
B. The terms "Easement," "conservation easement," "Deed of Conservation Easement,"
and "Deed of Conservation Easement in gross" refer to this legal document and to the
immediately vested interest in real property defined by Colorado Revised Statutes §§38-30.5-101
et seq.;
C. Applicable Laws. The term "applicable laws" refers to all relevant federal, state, and
local statutes, ordinances, judicial decisions, executive orders, codes or regulations having the
force and effect of law that have bearing on or may control certain uses allowed by the
Easement;
D. Low -Impact. The term "low -impact" or "low impact" refers to activities or
improvements whose location, use and construction have negligible or no surface impact on the
Property and do not damage the Conservation Values (meaning, they have no scenic impact
from public rights-of-way; do not result in harassment of wildlife, increased erosion or
compaction of soils; earthmoving or re -contouring of land; construction of roads or installation
of utility lines; nor damage to relatively natural habitat including rivers, wetlands, riparian
areas or other water resources);
E. High -Impact. The term "high -impact" refers to any activities or improvements whose
location, use and construction are not limited in scope and localized to certain small areas of the
Property, or which may impair the Conservation Values through scenic impact from public
rights-of-way, harassment of wildlife, earthmoving, re -contouring of land, construction of roads
or installation of utility lines, increased erosion or compaction of soils, or damage to relatively
natural habitat;
F. Off -Grid. The term "off -grid" refers to structures or improvements that do not require
utilities such as electricity or water, or that are not connected to the local or national power grid.
Instead, power or water may be provided by attached, built-in, or adjacent energy sources or
wells, respectively.
G. Renewable Energy Resource. The Term "renewable energy resource" refers to an
energy source that is replaced rapidly by natural processes, such as biomass, hydro, geothermal,
solar or wind.
H. Forestry Terms. The term "clear cutting" refers to cutting or removal of a stand of
trees in which essentially all or most of the trees have been removed in one operation. The term
"selective cutting" refers to cutting that removes only a portion of trees in a stand, and "thinning"
refers to a treatment made to reduce stand density of trees primarily to improve growth, enhance
forest health, or recover potential mortality. "Commercial forestry" refers to any forest
20
000043
PIN 264511401002
44
management activities (including thinning, clear cutting, or selective cutting) performed for the
purpose of processing or selling timber or forest products for use off of the Property.
21.2. Not a Development or Land Use Approval. Nothing permitted by this
Easement or approved by the Trust in accordance with this Easement constitutes approval by any
government or regulatory agency for construction, development or land use; nor does any permit
or approval granted by a government or regulatory agency override the terms of this Easement.
Grantor retains responsibility for obtaining and complying with all necessary permits and
applicable laws (as defined in Section 21.1) before engaging in uses or activities permitted under
this Easement;
21.3. Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of Colorado;
21.4. Liberal Construction. This Easement shall be liberally construed in favor of the
grant to effect the Purposes of the Easement and the policy and purpose of C.R.S. §38-30.5-101
et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent
with ensuring continuation of the Purposes of the Easement that would render the provision valid
shall be favored over any interpretation that would render it invalid. The common law rules of
disfavoring restrictions on the use of real property and construing restrictions in favor of the free
and unrestricted use of real property shall not apply to interpretations of this Easement or to
disputes between the Parties concerning the meaning of particular provisions of this Easement;
21.5. Severability. If any provision or application of any provision of this Easement, is
found to be invalid, the remainder of the provisions shall be deemed severable and remain in full
force and effect;
21.6. Entire Agreement. This instrument sets forth the entire agreement between the
Parties with respect to the Easement and supersedes all prior discussions or agreements relating
to the Easement. This Easement amends and restates the prior Easement in its entirety such that
all of this Easement's terms and conditions shall apply to the Easement covering the First and
Second Donation Parcels, and upon its execution and recordation, this Easement shall
supersede and replace the prior Easement in its entirety, which prior Easement will have no
further force or effect;
21.7. No Forfeiture. Nothing contained in this Easement will result in a forfeiture or
reversion of Grantor's title in any respect;
21.8. Joint and Several Obligation. The obligations imposed by this Easement upon
Grantor shall be joint and several. If the Property's ownership, now or in the future, is by a
single entity consisting of multiple parties including shareholders, partners, or members, that
entity is required to notify its shareholders, partners, or members of the entity's and its parties'
individual rights and responsibilities, including monetary or other obligations set forth in this
Easement;
000044 21
PIN 264511401002
45
21.9. Successors. The covenants, terms, conditions, and, restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties hereto and Grantor's respective
personal representatives, heirs, successors, transferees, and assigns, and the Trust's successors,
transferees, and assigns, and shall continue as a servitude running in perpetuity with the
Property;
21.10. Termination of Rights and Obligations. A Party's rights and obligations under
this Easement terminate upon transfer of the Party's interest in the Easement or the Property,
except that liability for acts or omissions occurring prior to transfer shall survive transfer;
21.11. Captions. The captions in this instrument have been inserted solely for
convenience of reference and shall have no effect upon construction or interpretation;
21.12. Counterparts. The Parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be
deemed an original instrument as against any Party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling;
21.13. Merger. Unless the Parties expressly state that they intend a merger of estates or
interests to occur, no merger shall be deemed to have occurred hereunder or under any document
executed in the future affecting this Easement;
21.14. Acceptance of Gift per IRC Section 170(F)(8). The Trust acknowledges receipt
and acceptance of this Easement encumbering the Property, for which no goods or services were
provided; and
21.15. Authority to Execute. Each Party represents that such Parry has full power and
authority to execute and deliver this Deed of Conservation Easement; to perform its obligations
under this Easement; that the individual(s) executing this Easement on behalf of said Party is/are
fully empowered and legally authorized to do so; and that this Easement constitutes a valid,
enforceable, and legally binding obligation of said Party.
IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of
Conservation Easement as of the date first written above.
(Signatures on following page)
22
000045
PID# 26451 M 1002
GRAz4A
By: '
B a ey D. Davi
cmw.. n . )
UAW 8m dASG S£' ) S5.
at Ha Ks
The foregoing instrument was acknowledged before me this day of
2016, by Bradley D. Davis, as Grantor.
WITNESS my hand and official seal.
[SEAL]
Notary Publi
My commission expires:
GRANTOR:
Tim Worm
INDEFINITE U.S. Vice Consul
ss.
0
46
.•
1
it. ,
�' �I•� dee
�tnnsno'�
The foregoing instrument was acknowledged before me this '),,ZNd day of WAA�,
2016, by Janis Provisor, as Grantor.
WITNESS my hand and official seal.
[SEAL]
Ne" Publie
My commission expires:
000046
INDEFINITE Tim Worm
U.S. Vice Cons-,-'
pp 1NE UN,,
t,-0' �•••
V4r4li,::.0e
Z •i•
•jP
23
PID# 264511401002
GRANTOR:
Craig and Lee Williams Family Partnership, LTD
a Texas Limited Liability company
STATE OF COLORADO )
p." ) Ss.
COUNTY OF ��Tlta 1� i j )
TIMOTHY E. WHITSITT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID A 20104059421
MY COMMISSION EXPIRES MAY 25, 2019
The foregoing instrument was acknowledged before me this 4th day of March, 2016, by Craig
Williams as Managing Partner of Craig and Lee Williams Family Partnership, LTD, a Texas
Limited Liability company, as Grantor.
WITNESS my hand and official seal.
[SEAL]
Notary Public
47
IN WITNESS WHEREOF, Grantor and the Trust have executed this Deed of Conservation
Easement as of the date first written above.
24
'l —
PIN 264511401002
ACCEPTED by the TRUST:
ASPEN VALLEY LAND TRUST,
a Colorado nonprofit corporation,
BY:
Suzanne hens, Executive Director
STATE OF COLORADO )
)
COUNTY OF a��re� SS.
TIMOTHY E. WHITSITT
NOTA."V
Y PUaLIC
STATE OF COLORADO
NOTARY ID 9 20104059421
MY COMMISSION EXPIRES MAY 25, 2019
48
The foregoing instrument was acknowledged before me this 4th day of March, 2016, by Suzanne
Stephens as Executive Director of ASPEN VALLEY LAND TRUST, a Colorado nonprofit
corporation.
WITNESS my hand and official seal.
[SEAL]
Notary Public
My commission expires:
25
000048
PIN 264511401002
EXHIBIT A
Legal Description of Property
A PARCEL OF LAND SITUATED IN SECTIONS 11 AND 14, TOWNSHIP 9 SOUTH, RANGE 86
WEST OF THE 6T" P.M., PITKIN COUNTY, COLORADO, MORE FULLY DESCRIBED AS
FOLLOWS:
49
BEGINNING AT A POINT ON THE CENTERLINE OF THE COUNTY ROAD, WHENCE THE N.W.
CORNER OF SECTION 2, TOWNSHIP 9 SOUTH, RANGE 86 WEST OF THE 6TH P.M. BEARS
N 24'53'20"W 10,700.62 FEET; THENCE 77.01 FEET ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 198.31 FEET (THE CHORD OF WHICH BEARS N 07-46'19-W 76.57 FEET);
THENCE N I8'53'4T' W 571.64 FEET; THENCE 214.33 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 644.95 FEET (THE CHORD OF WHICH BEARS N 09'22'34" W 213.35
FEET); THENCE N 00'08'39" E 278.66 FEET; THENCE 399.90 FEET ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 7,470.90 FEET (THE CHORD OF WHICH BEARS N 01'40'39" E
399.86 FEET); THENCE N 03'12'40" E 209.04 FEET; THENCE DEPARTING FROM SAID
CENTERLINE, N 89'53'44" W 931.38 FEET; THENCE WEST 214.13 FEET; THENCE S 86'38' 1 T'
W 917.11 FEET; THENCE S 18'38'00" E 383.17 FEET, THENCE S 05'01'35" E 2,174.70 FEET;
THENCE S 39'49'28" W 1,190.08 FEET; THENCE S 40'10'47" W 794.68 FEET TO A POINT ON
AN EXISTING FENCE; THENCE ALONG, AND A PROJECTION OF, THE EXISTING FENCE N
89'53'40" E 2,567.00 FEET TO THE CENTERLINE OF THE COUNTY ROAD, THENCE ALONG
THE CENTERLINE OF SAID COUNTY ROAD THE FOLLOWING COURSES AND DISTANCES:
279.00 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1,513.90 FEET ME
CHORD OF WHICH BEARS N 14'07'35" E 278.61 FEET; THENCE 16437 FEET ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 1,626.20 FEET M-113 CHORD OF WHICH BEARS
N 16'30'37" E 164.30 FEET); N 13'36'52" E 157.94 FEET, 238.96 FEET ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 1,046.90 FEET (THE CHORD OF WHICH BEARS N 07-04'32"
E 238.44 FEET); N 00'32' 12" E 4.91 FEET; 318.25 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 1,242.07 FEET (THE CHORD OF WHICH BEARS N 07'52'37" E 317.38
FEET); N 15'13'02" E 137.26 FEET; 119.84 FEET ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 925.39 FEET (TIE CHORD OF WHICH BEARS NII -30-27"E 119.75 FEET); N
07'47'52" E 130.42 FEET; 298.57 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 1,248.16 FEET (THE CHORD OF WHICH BEARS N 14'39'02" E 297.86 FEET); N 21'30' 12" E
198.81 FEET; 228.79 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 914.83
FEET (THE CHORD OF WHICH BEARS N 28'40'05" E 228.20 FEET); N 35'49'59" E 110.64 FEET;
112.01 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 198.31 FEET (THE
CHORD) OF WHICH BEARS N 19'35'24" E 110.92 FEET) TO THE POINT OF BEGINNING,
CONTAINING 184.3 ACRES, MORE OR LESS.
FM
00004?
PID# 264511401002
EXHIBIT B
Survey of Property
PROPERTY DESCRIMION
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JJJY t! A:Wt :O.V rt([t+JJr 1:0 !P.^i! D4ry p!�M¢L .9 :m::A'M V':IL
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000050
BUILDING
ENVELOPE
ACTIVITY
IENVELOPE
i LOT 1
!
LOT 2
3.43 Acres +1-
27
50
PID# 264511401002
EXHIBIT C-1
Lot I Envelopes Legal Descriptions
BUILDING ENVELOPE LOT l
51
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT THAT THE NORTH EAST CORNER OF LOT 1 OF SAID
DAVIS/DONNELLY LOT SPLIT BEARS N51056'48" E FOR 449.46 FEET;
THENCE S15°04'56" E FOR 110.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 48.00 FEET, A CHORD
BEARING OF S74055'04" W FOR 96.00 FEET AND A LENGTH OF 150.80 FEET.
THENCE N15°04'56" W, 110.0 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 48.00 FEET, A CHORD
BEARING OF N 74055'04" E FOR 96.00 FEET AND A LENGTH OF 150.80 FEET TO THE
POINT OF BEGINNING CONTAINING 17,798 SQ FT MORE OR LESS.
HUMAN ACTIVITY ENVELOPE LOT 1
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT THAT THE NORTH EAST CORNER OF LOT 1 OF SAID
DAVIS/DONNELLY LOT SPLIT BEARS N51056'48" E FOR 449.46 FEET;
THENCE S 15004'56" E FOR 178.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 74.00 FEET, A CHORD
BEARING OF S74055'04" W FOR 148.00 FEET AND A LENGTH OF 232.48 FEET.
THENCE NI 5-04'56" W, 178.0 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 74.00 FEET, A CHORD
BEARING OF N 74055'04" E FOR 148.00 FEET AND A LENGTH OF 232.48 FEET TO THE
POINT OF BEGINNING CONTAINING 43,547 SQ FT MORE OR LESS.
000,051
PIN 264511401002
EXHIBIT C-2
Lot I Envelopes Survey
BUILDINC
ENVELOPE
17,798 SO FT
HATCHED AREA
43.547 sq. R.
SHADED AREA
LOT 1
000052
40' Right—of—Way
40' Right—of—Wa
i
52
29
PIDIl264511401002
EXHIBIT D-1
Lot 2 Building Envelope Legal Description
53
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT THAT THE SUOTH EAST CORNER OF LOT 2 OF SAID
DAVIS/DONNELLY LOT SPLIT BEARS S25032'47" E FOR 1621.91 FEET;
THENCE S68040'33" W FOR 142.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 62.00 FEET, A CHORD
BEARING OF N21019'27" W FOR 124.00 FEET AND A LENGTH OF 194.78 FEET.
THENCE N15°04-56" W, 178.0 FEET;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 62.00 FEET, A CHORD
BEARING OF N 68040'33" E FOR 124.00 FEET AND A LENGTH OF 232.48 FEET TO THE
POINT OF BEGINNING CONTAINING 29,684 SQ FT MORE OR LESS.
30
000053
PID# 264511401002
EJaMTT D-2
Lot 2 Envelopes Survey
?ROPERTY DESCRIDnON
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SCALE: 1"=P-0'
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ELEVATION
NOTES:
1. FENCE DETAIL IS BASED ON EXISTING FENCE MEASUREMENTS
000061
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1X6 WOOD RAIL TYP.
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ELK RUN RANCH
SEPTEMBER 2016
SCALE: 1"=l' -O"
MISCELLANEOUS
DOCUMENTS
�)111%1l
Michael Kraemer<michael.kraemer@pitkincounty.com>
FW: Elk Run Ranch Riding Arena
1 message
Dave Erickson <dave@avlt.org> Tue, Feb 28, 2017 at 4:28 PM
To: "michael.kraemer@pitkincounty.com" <michael.kraemer@pitkincounty.com>
From: Dave Erickson
Sent: Wednesday, August 10, 2016 3:26 PM
To: Tami Kochen <tami.kochen@pitkincounty.com>
Cc: Suzanne Stephens <suzanne@avlt.org>
Subject: RE: Elk Run Ranch Riding Arena
Hello Tami,
We have reviewed the plans regarding the riding arena. The location of the arena is within the conservation
easement activity envelope and is permitted as long as it remains within this envelope.
Please let me know if you have any more questions and many thanks for checking in with AVLT.
All the best,
Dave Erickson
Stewardship Director
ASPEN VALLEY LAND TRUST
320 Main Street, Suite 204
Carbondale, CO 81623
970.963.8440
AVLT.org
I O i- J
Saving the best... to last.
From: Tami Kochen[mailto:tami.kochen@pitkincounty.com]
Sent: Wednesday, August 10, 2016 1:19 PM
To: Suzanne Stephens <Suzanne@avlt.org>
Cc: Dave Erickson <dave@avlt.org>
Subject: Elk Run Ranch Riding Arena
Hi Suzanne,
Attach are 2 sheets submitted today for the landscaping for the barn at elk run ranch. A proposed riding arena area is
represented south of the barn. I have also attached the fence plan which includes a letter from CPW giving their
approval.
Is this proposed riding arena in violation of the conservation easement?
Thanks,
Tami
Tami Kochen
LE ED AP BD+C
Pitkin County Community Development Planner
970.920.5359- taml.kochen@pltklncounty.Com
PITIaN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
November 10, 2016
Connor Coleman
1654 County Road #121
Carbondale, OC 81623
Connor@resiliencylands.com
Re: Craig & Lee Williams Family Partnership LTD Minor Amendment to a Development Permit
(CASE P082-16; PID 2645-114-01-002)
Dear Mr. Coleman:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
if you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Shiles
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Colorado Parks and Wildlife
Snowmass Capitol Creek Caucus
FROM: Mike Kraemer, Community Development Department
Michael. kraemer ftitkincountv.com
Re: Craig & Lee Williams Family Partnership LTD Minor Amendment to
a Development Permit
(PID 2645-114-01-002; Case P082-16)
DATE: November 10, 2016
Attached for your review and comments are materials for an application submitted by
Craig & Lee Williams Family Partnership LTD. The Pitkin County Community
Development Director will review the application.
Please return your comments to me by Friday, December 16, 2016.
http://pitkincounty.com/DocumentCenterNiew/ 1113 8
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
CIO
November 16, 2016
COLORADO
Parks and Wildlife
Department of Natural Resources
Glenwood Springs Area Office
0088 Wildlife Way
Glenwood Springs, CO 81601
Michael Kraemer, Senior Planner
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
RE: Craig Ft Lee Williams Family Partnership LTD Minor Amendment to a Development
Permit (PID 2645-114-01-002; Case P082-16)
Dear Mike,
Colorado Parks and Wildlife (CPW) staff has reviewed the materials for the minor amendment
to a development permit for the property located at 4305 Snowmass Creek Road in Snowmass,
CO. The applicant is seeking to retroactively permit a fenced riding arena that has already
been constructed.
CPW District Wildlife Manager, Kurtis Tesch, conducted an onsite tour of the existing
perimeter fence and riding arena and found that the design allows for adequate and safe
wildlife passage. This was outlined in a letter from CPW dated October 121h, 2016 and
included in the application materials. CPW has no objections or further recommendations for
the perimeter fencing or riding arena that currently exists on the property.
Colorado Parks and Wildlife appreciates the opportunity to review and comment on this
project. If there are any questions or needs for additional information don't hesitate to
contact Land Use Specialist, Taylor Elm, at (970) 947-2971 or District Wildlife Manager, Kurtis
Tesch, at (970)948-1662.
Sincerely,
Pery Will, Areandlife Manager
Cc. Kurtis Tesch, District Wildlife Manager
Taylor Elm, Land Use Specialist
File
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Name:
Project Address
Type:
Permit Number
0082.2016. P LAN
PITKIN &UNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00041324
Craig & Lee William Family Par Date:10/21/2016
4305 SNOWMASS CREEK RD
check # 2800
Fee Description
PP- Flat Fee
Total.
Amount
1.950.00
1,95000
PLATS